Terms of service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. BY ACCESSING OR USING OUR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (“Terms”) apply to your use of any website, mobile application or other online product or service (collectively, “Services”) of Cognisha Consultancy Pvt Ltd. (“Company,” “we” or “us”).
We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion. If we make changes to these Terms, we will provide you with notice of such changes by posting the amended Terms to our Services and updating the “Last Updated” date at the top of these Terms. All amended Terms will become effective immediately on the date they are posted to our Services unless we state otherwise via our notice of such amended Terms. Any amended Terms will apply prospectively to use of our Services after such changes become effective. Your continued use of our Services following the effective date of such changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you must discontinue using our Services.
2. SERVICES DESCRIPTION
Our Services provide a social learning platform that allows registered users interested in studying or learning a particular subject matter or topic (“Students”) to attend courses (“Courses”) that are either (i) taught and conducted by other registered users (“Teachers”) who work on behalf of educational organizations and other course content publishers (“Organizations”), or (ii) provided directly by Company, and not by an Organization. Students and Teachers are collectively referred to as “Users” in these Terms.
Our Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, or below the age of legal majority under applicable law, you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
4. REGISTRATION AND ACCOUNT
You may have to create an account with Company to access the Services (“Account”). When you create an Account, you agree to: (i) create a strong password that you do not use for any other website or online service; (ii) provide accurate and truthful information; (iii) maintain and promptly update your Account information; (iv) maintain the security of your Account by protecting your password and restricting access to your Account and any social media account linked to your Account; (v) promptly notify Company if you discover or otherwise suspect any security breaches related to your Account; and (vi) take responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access.
6. SERVICES AS A VENUE
Our Services provide a venue for Users to interact with each other directly, such as when conducting or participating in a Course.
You agree that:
- Company is not a party to and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other User, or between you and any Organization;
- Company has no control over and has no responsibility or liability with respect to the Course Content displayed or made available by Teachers and Organizations via our Services;
- Company does not investigate or verify the reputation, conduct, morality or criminal background of any User; and
- You will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.
You acknowledge and agree that we have the right, but not the obligation, to monitor or record interactions and communications between you and other Users via our Services. We encourage you to take precautions when interacting with other Users.
7. STUDENT TERMS
The requirements of this Section 6 apply only if you are a Student.
- Company Fees: We reserve the right to charge a platform fee to access the Services, or certain features of the Services, and a Course fee for any Courses provided via the Services directly by Company, and not by an Organization. All prices for products and services are shown in U.S. dollars (except where otherwise noted) and taxes are additional. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase. If you do not pay such taxes or fees in connection with a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable. Company reserves the right to collect such taxes or other fees from you at any time.
- Third-Party Course Fees: Organizations are solely responsible for establishing Course fees for any Courses provided by such Organizations (“Third-Party Courses”), and Company has no responsibility or control over any Third-Party Course fees. When you make a payment to attend a Third-Party Course, you enter into a legally binding contract with the applicable Organization offering such Third-Party Course to make such payment in exchange for your ability to attend and participate in the Third-Party Course. We allow you to store payment method information with us, or our designated payment processor, via our Services to expedite your ability to make a payment to an Organization to attend a Third-Party Course. When you make a payment to an Organization for a Third-Party Course, we will facilitate the transfer of your payment method information to the applicable Organization, or its designated payment processor, and the Organization will process such payment directly. You agree to look solely to the applicable Organization to resolve all questions and disputes regarding any payments you make via our Services for any Third-Party Courses. Company is not responsible for resolving any disputes between Students and Organizations.
- Prices; Payments; Taxes: Only valid credit cards and other payment methods acceptable to us may be used to purchase products and services through the Services. You represent and warrant that you are authorized to use the payment method you designate through the Services and authorize Company, or any applicable Organization, to charge that payment method for the purchase amount (including taxes and any other amounts described on the Services). In the event that the payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we or any applicable Organization may suspend or cancel your order automatically. You are responsible for resolving any problem we or any Organization encounters in order to proceed with your order.
8. TEACHER TERMS
The requirements of this Section 7 apply only if you are a Teacher.
Authority: If you are using our Services on behalf of an Organization, you represent and warrant that you are authorized to accept these Terms on such Organization’s behalf, and that such Organization will be responsible for any violation of these Terms by you.
Student Information: When Students register to attend a Course that you teach, you may receive personal information about such Students via our Services, including contact information and information about the Students’ performance in the Course (“Student Information”). If you receive any Student Information, you agree to use such information solely to teach and conduct your Course. Unless you receive the prior express written consent of Company, you agree not to: (i) use Student Information to contact any User other than as necessary to teach and conduct the Course; or (ii) share Student Information with any third party. You are fully responsible for any authorized or unauthorized collection, storage, disclosure and use of any Student Information you receive or otherwise have access to via our Services.
9. USER CONTENT AND CONDUCT
The Services include interactive features and areas that allow you to create, post, transmit or store content, messages, text, music, photos, videos, or other items or materials, (collectively, “User Content”), including, without limitation, Course materials, and any questions and answers submitted by Teachers and Students. You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
User Content: You are solely responsible for any User Content that you submit, post or transmit via the Services. You agree not to post, create or otherwise publish through the Services, User Content that we believe, in our sole discretion:
- is inaccurate, unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
- contains nudity, sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, or suggestive;
- may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
- depicts, promotes the use of, or offers the sale of illicit drugs;
- contains offensive language or images or is otherwise objectionable;
- incites violence or characterizes violence as acceptable, glamorous or desirable;
- may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual’s consent;
- may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- makes false or misleading statements, claims or depictions about a person, company, product or service;
- contains viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise violate any local, state, national or international law; or
- is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Company or our Users to any harm or liability of any type.
Company takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party or for any loss or damage thereto. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms. Although Company has no obligation to screen, edit or monitor any of the User Content posted on the Services, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Services at your sole cost and expense.
User Conduct: In connection with your use of the Services, you agree to comply with all applicable laws and regulations and will not violate any intellectual property rights or any other rights of any party. You further agree that you will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other Users from the Services for the purpose of sending spam or other commercial messages;
- Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
- Use or attempt to use another User’s account without authorization from such User and Company;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you are affiliated with us or that we have endorsed you or any products or services for any purpose;
- Engage in any harassing, intimidating, predatory or stalking conduct; and
- Develop any third-party applications that interact with the Services without Company’s prior written consent.
Company is not responsible or liable for the conduct of, or your interactions with, any Users of the Services (whether online or offline), nor is Company responsible or liable for any associated loss, damage, injury or harm.